The Allagash Wilderness Waterway was established July 16, 1970, by the secretary of the interior and published in the Federal Register, as accepted under the provisions of the National Wild and Scenic Rivers Act. But it was first established on May 11, 1966, under the Allagash Wilderness Waterway Act, Title 12, Maine Revised Statutes Section 661.

The original document goes on: a. Impoundments. There are three small dams within the Allagash Wilderness Waterway:

1. Telos Dam 5 -plus feet of Head

2. Lock Dam 5-plus feet of Head

3. Churchill Dam 8-plus feet of Head

These dams do not form impoundments, which distract from the wilderness character of the waterway and are of historic significance in that they portray the development of the logging industry in the Northeastern United States. The operation of all three dams is governed by the policy established by the State of Maine in the Allagash Wilderness Waterway, “to preserve, protect, and develop the maximum wilderness character of the watercourse.”

The document of Maine goes on: b. Accessibility. Public access over private roads will be permitted to and along a portion of Telos Lake at the southern end of the waterway and to the northern boundary at West Twin Brook. Existing private roads within the waterway which have been developed for logging purposes will be closed to public use. These private roads do not create a substantial impact on the overall wilderness character of the river. As new timber management plans are prepared, most off these roads will be removed from the immediate river area. There are six established and designated areas for the landing and takeoff of passengers and equipment by aircraft and the document lists them.

The document of Maine goes on: c. Essentially primitive. The overall character of the Allagash Wilderness Waterway is an outstanding vestige of primitive America. There are no permanent habitations or agricultural lands within the waterway and other than the three existing low dams there are no diversions, straightening, rip-rapping, or other modifications of the waterway. There is no substantial evidence of man’s intrusion within the 400- to 800-foot restricted zone adjoining the watercourse. All existing structures have been removed except those essential to state service, maintaining water level control, and temporary structures for watercourse crossing and access.

The document approves the state control within the National Wild and Scenic Rivers System Act and is signed by Secretary of the Interior Walter J. Hickel, July 13, 1970.

Now comes an inspection by representatives of the National Park Service after they received an after-the-fact permit application for the repair of Churchill Dam from the Maine Department of Conservation earlier this year. The inspection was conducted the week of June 18.

Their report, five pages, castigates the 1997 Churchill Dam reconstruction. In the third paragraph they say, “It is our determination that the dam constructed at Churchill Depot represents a direct and adverse effect on the values for which the Allagash was designated a ‘wild’ river under the Wild and Scenic Rivers Act of 1970.”

The report goes on: “An important resource value for which the Allagash was designated a component of the National Wild and Scenic Rivers system was its historical significance. The historical significance of Churchill Dam, as well as the timber dams at Lock and Telos, is specifically mentioned in both the state’s application and the secretary of interior’s conferral notice. The historical significance of this structure is likewise cited and confirmed in the first and only management plan for the Allagash Wilderness Waterway, the “Allagash Wilderness Waterway Concept Plan” of 1973.”

The report goes on: ” Thus we can not agree with the DOC’s assertion that, ‘the dam’s historic character, other than its functional significance is not mentioned in any of the bureau’s plans for the waterway or the materials relating to federal designation.’ In fact, our reading is exactly the opposite.”

The report also states: “The fact that these three timber crib dams were ‘reconstructions’ of earlier timber crib structures is self-evident since, by definition, timber crib dams will always be subject to decay, requiring continual cycles of repair and replacement. The only way to have a timber crib dam is to plan for and expect such cycles.”

The report finally requires a mitigation package acceptable to the NPS, which would implement specific on the ground actions to correct the impacts they detailed and a specific management process to ensure future “wild” designation.

The following actions are the absolute minimum that the DOC must take for mitigation:

1. Restore the Churchill Dam timber crib construction, and plan periodic restoration. This will require removal of the DOC concrete and steel construct, and rerouting of the heavy logging trucks – both major errors on the DOC 1997 actions. It is expensive but must be done.

2. Do not open the planned access at John’s Bridge.

3. Close the access at Churchill Depot.

4. Close at least six other land access points. So-called “day trips” do not engender the wilderness experience.

5. Enforce the six air-entry points listed in the original establishment document.

6. Enforce the 1973 Concept Plan.

My son and I canoed down the Allagash in September 1980. We portaged past the locomotives, dragged the canoe in places. It took us 10 days. I have been in the wilds of Alaska, even homesteaded five wild acres. I have camped in the far northern reaches of Canada. The Allagash trip stands out as the finest experience. My grandchildren and their children should be able to have the same experience.

The Allagash Wilderness Waterway is a unique Maine facility, and a wonderful experience. It is also a national treasure. Every effort should be made to keep it that way for all Mainers and all Americans.

Robert O. Voight of Lubec is the founder of the Maine Conservation Rights Institute.